The second-instance reversal of the trademark infringing trademark at station B was invalidated

　　Original title: The second instance of the disputed trademark infringement at Station B was reversed, and the squatting food trademark was invalidated

　　Recently, the Bilibili trademark, which has attracted public attention, was squatted by food merchants and ended in the second instance victory of Station B.

On September 6, 2022, the Beijing Higher People's Court made a judgment in accordance with the law that the "bilibili" trademark is widely known to the relevant public and is a well-known trademark, and the judgment of the Beijing Intellectual Property Court and the first-instance ruling of the State Intellectual Property Office were revoked in accordance with the law.

The trademark "bilibili" registered by the food company is invalid.

　　Station B stated that it will continue to take measures to prevent infringing products from flooding the market and ensure that the legitimate rights and interests of consumers are protected for such acts that damage the rights and interests of consumers.

　　The disputed trademark infringement at Station B has sparked heated discussions.

It is understood that in the past period of time, some users have complained to Station B, reflecting that there are duck necks, braised beef, peach crisps, coconut jelly and sucking jelly using the "Bilibilibilibili" trademark on e-commerce platforms and offline supermarkets. And other food, as well as children's clothing and other brands, there are many categories of goods, and the quality is not good.

　　The relevant person in charge of Station B stated that these co-branded products have nothing to do with Station B, and that these foods that infringe the relevant trademarks of Station B have misled consumers and damaged the legitimate rights and interests of consumers.

　　According to the information on the trademark website, the food category of the related trademark “Bilibilibilibili” of Station B was preemptively registered by Four Seasons Self-made Culture Co., Ltd. in 2017. The company later transferred the trademark to Jinjiang Jiande Food Co., Ltd. to authorize the production of jelly, etc. Sugar products are sold on major e-commerce platforms, causing consumers to mistake them for official joint or authorized products of Station B.

　　In order to protect the rights and interests of consumers from being damaged, Station B took the initiative to take legal measures.

Recently, the Beijing Higher People's Court ruled in the second instance that the "bilibili" trademark, as the logo of Station B, constituted a well-known trademark before the trademark registration application.

The food used in the squatting trademark will cause the relevant public to misunderstand the consumer groups, sales channels and publicity methods, resulting in damage to the legitimate rights and interests of the B station trademark.

Therefore, the Beijing Higher People's Court held that the registration of the disputed trademark violated the provisions of Article 13, Paragraph 3 of the 2014 Trademark Law and should be declared invalid.

　　Station B stated that in addition to the coconut jelly and jelly and other sugary foods involved in this case, there are other merchants who squatted the trademark of Station B and sold duck necks, braised beef, peach cakes, and children's clothing to consumers. and other counterfeit co-branded products.

For such behaviors that damage the rights and interests of consumers, Station B will continue to take measures to avoid the proliferation of counterfeit products in the market and ensure that the legitimate rights and interests of consumers are protected.